Farmers' State Bank v. First State Bank
Supreme Court of Arkansas
Appeal from Benton Chancery Court; Ben F. McMahan, Chancellor; 1. The complaint in case is insufficient, and the circuit court erred in overruling the demurrer to the complaint.
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Appeal from Benton Chancery Court; Ben F. McMahan, Chancellor; 1. The complaint in case is insufficient, and the circuit court erred in overruling the demurrer to the complaint. Appellee seeks to recover the full amount of the drafts sent to appellant hank for collection and remittance, or in other words appellee seeks to recover as principal the amounts sent for collection to such agent on the ground either' that the agent disobeyed instructions or was guilty of negligence in making the collection and returns and that nowhere in the complaint does appellee allege that it has been damaged in…
1Opinion of the CourtSmith, J.
W. H. Septer, a dealer in grain, feed and hay at Morris, Oklahoma, sold and shipped to W. E. Kefauver, a merchant at Rogers, Arkansas, on September 4 and 5, two carloads of hay under a contract of sale made prior to said dates. The said W. H. Septer shipped the first carload of hay on September 4, and rendered a bill or invoice for same to Kefauver, and on the same date drew a sight draft on Kefauver for $115.48 in favor of the First. State Bank, appellee herein, and attached the bill of lading to said draft; and on September 4, in like manner, Septer shipped the second car to Kefauver and…
2Cases cited2 opinions
- Brown v. Yukon National BankSupreme Court of Arkansas · 1919
- Collin County National Bank v. Laser Grain Co.Supreme Court of Arkansas · 1917
3Cited by1 opinion
- Standard Grocer Co. v. First Security Bank of IdahoSupreme Court of Arkansas · 1937